Thursday, March 23 2023
Background checks are a key component of the hiring process. Here in Texas, employers perform them to verify a candidate’s resume, check their criminal record, and make sure they’re qualified.
There’s another reason companies pre-screen their new hires: employers who fail to perform thorough background checks may face legal problems. This is where compliance comes in.
Here are six strategies to keep in mind for compliant pre-employment screening:
Conducting a background check? You need to comply with state, local, and federal laws. Whether you live in San Antonio or Corpus Christi, you need to understand the regulations in your area. Texas employers must also consider the Fair Credit Reporting Act (FCRA), which outlines requirements for seeking and using consumer reports like background checks.
It may seem like a given, but employers must obtain written consent before performing a background check. This is done by giving applicants a disclosure stating that the company will be completing the check. From there, the candidate can sign and date the form, and the employer can move forward. Hiring managers should provide a copy of the FCRA summary of rights at this time as well.
This is an essential consideration. If an employer decides not to hire a candidate based on the results of a background check, they need to follow adverse action procedures. In these cases, employers should offer candidates a copy of the background check report and inform them of their right to dispute it. Employers must also give candidates what is known as a notice of adverse action.
The candidate may have consented to a background check, but they didn’t give you permission to share their confidential information. To protect a candidate’s private report, employers must keep all background check documents in a safe place—away from team members who have no reason to consult them. These documents should be disposed of in a secure manner as well (for instance, via shredding).
Employers need to make sure their background check policies don’t discriminate against protected groups. In other words, your company cannot use background checks to discriminate based on race, gender, religion, parental status, or anything else. To avoid a potential lawsuit (and showcase strong values), your background check policies and processes should apply consistently to all candidates.
The truth is that employers who conduct background checks in-house are more likely to make mistakes that can lead to legal trouble. To ensure compliance with the law, many Texas hiring managers have a third-party provider conduct their background checks for them. Companies like Redstar Backgrounds are experienced in pre-employment screening and will make sure you stay compliant.
By following these best practices, you can minimize legal liabilities, preserve your reputation, and hire the best candidates for your organization. Compliance is simply an added bonus.
Texas Pre-Employment Screening: Work with Us in San Antonio
Whether you are in San Antonio or Austin, Corpus Christi or El Paso, pre-employment screening should be a key part of your hiring process.
At Redstar Backgrounds and DrugScreenKits.com, our team will help you through every step. No matter your industry, we’ll craft the exact screening solution you need to vet your job candidates. Compliance is our top priority—and our team will incorporate it into your custom screening solution.